The sun. [volume] (New York [N.Y.]) 1833-1916, 1887-06-05
4 roLIzzczL EcL1PsE.
0sne Constitutional 0piniens-O -fashioned
Notions Revived.

Notions Revived.
It cannot be denied that during the last
quarter OF a century there hus been q reaction
In this country In favor Of strong government
Men advocate with impunity, and even with u
certain measure Of popular approval. theories
which, before tho civil war, would have been
thought either reasonable or tho ebultions
Of disordered reason. Laws have recently
boon passed. too, which would once have been
pronounced not only unconstitutional but
evolutionary.
Take the Interstate Commerce law as an
example. The advocates Of this measure de-
fond 1t on the constitutional right OF Congress-
TO regulate commerce between States Refiec-
ton, however, should convince any man that 1t
IL not dofensbo on this ground. Congress has
the right to regulate Interstate commerce
under certain restrictions. It has the right to
prevent discriminating Legislation on the part
Of one State against the citizens OF another
State were 1t found necessary at my time to
reinforce the constitutional provisions by
special act. 1t has the right, also. to SEQ that
NO distractions are thrown in tho way OF
free communication. But there Is q limit
TO It's authority. Outside the District Of Co.
lumbia and the territories. Congress does not
possess the right Of eminent domain. and can
grant no charters which confer right to the
control OF property. How Idle. then. Is the as
sumption that It has the right TO step In and
take the virtual management Of the entire rail-
way system Of the country. subjecting the di-
rectors, who owe their existence and authority
to the sanction Of State laws to new Federal
directory called Interstate Commerce Com
missioners. To claim that tho Interstate COM
merce clause in the constitution gives Congress
that right is to claim that the instrument which
we have been taught to revere was born
to inevitable suicide, that the founders
OF our institutions established a system
OF State governments combined into
perfected Union, and thon inadvertently
worked in provision for tho abolition Of tho
States whenever 1t suited the central authority
to convert them into departments. The logic
OF these commerce regulators proves too much,
and IT implies that the trainers of the Constitu--
ton did not understand their own work. But
to regulate commerce between States furnish
ed tho merest preteXt for an act Of usurpation
That the chief author Of the law SHOULD haye
been man who spent four years OF his lie In
atF w shg wha So the
.ions Of men with unbalanced heads IT was
entirely after few ta" oR
Really, the four Years that Senator Reagan
the best spent years Of his life.
But this is only an instance OF Federal en-
zens, are setting an example to, Congress
the States, There Would have been ns Federal
State se esommissons: and SO We see that every.
thing may be made to work together for the
ss4e asn 81 who d eys aS or civil
tlon. far as /. Is manifested II FederaI leg;
q the rebellion viii recall how rarely .he Eo5d
s rag snsPSS & sa ;Gs
ns s o the asd to
sen ns the made S0Fa to 50 sesm d ien
Intentional II was only used twice y, and on
ss sSssedabo TRs Tes
framed, according to the preamble, e ,estab;;
h perfect UnG and t Rn th af END
change; we began habitually to alude to the
letter: Since The war there has - been marked
"a be e denie dS that
ourselves from the strugele and the su6se-
q e opinions
than Sfh the
mating their established orbits. All things con-
sdered this was remarkable aachieVemePP1t;
transcendant question. which has been raised
since tho might BY ire time fRso new
ed out to corporations These bodies repre-
new force in in society pecullatly modern in It's
deyelopment; and to men Of not o,s,, very com com
sss thss are presns ana They
hnve led to En- June tSe
be conceived, that tho Presidents, directors.
e. d s has haS ao
Be- PropsIy handled when subjected t. special
version Of language and misc9ncepIiop Of
facts the words and people haze
demagogue. never before provided with
s sas the po two Words I are used in.
terchangeably. and may be supposed to rep;
an some hardy
be which 1T to sw anS up
shoua bs needsss so that from this
in ds e b
a hA an na aa?Ss q
sion. Given all the favorable conditions for a
esaeh a Will go hard Pc to S9
supply. AS soon as the imaginary VOL h had had
vanished, we should ne certain 10 zee thS {ea "a
confidently trusted itself to his protection. He
would not even consent to wait SO LONG The
according to the creative method OF the pre-
yailing statesman, a. truce arranged. and
division made Of the victim. There is no hope
for the lamb in any such company.
The situation Is peculiarly dangerous at this
time because OF events little considered IA this
great future POPULATIONS abroad. Once during
several centuries, in all despotic countries,
blood and iron. capable Of the most extreme
acts Of oppressi1n but able to captyate ths
the vapid centuries that precede and follow
their history; and after their death their rule is
decay which dlssolves everything but the
from gives which they fixed upon the
lifetime Oil itro Netie. st at sen5s all tho world
without heads. which eomprehendS an over
xhelming majority Of the world. bows avs down 70 at